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Challenges and solutions related to employing foreigners in Poland
Employing foreigners in Poland is becoming an increasingly significant aspect of the labor market. In this article, we will examine the current situation, the industries where foreign nationals most commonly work, and the documents required for their employment. Additionally, we will present the innovative solution of Bizky, which facilitates the process of employing foreigners, contributing to reducing the gray economy and improving working conditions for all parties involved.
“The invasion of Russia into Ukraine has become a turning point for the migration situation in Poland and has significantly contributed to changing the situation in this country. In September 2023, there could have been between 2.5 million and 3 million Ukrainians in Poland,” we read in the WEI report “Migrations: Poland’s (yet) Unused Opportunity.”
Legal employment of foreigners in Poland
Employing individuals from the European Union does not require any additional documents; such individuals are employed like Polish citizens. The situation is quite different for employing individuals from Ukraine and Belarus, which are the most commonly encountered groups of foreigners in Poland.
Every worker from outside the European Union needs appropriate documents, although there is a simplified procedure for citizens of Ukraine, Armenia, Belarus, Georgia, or Moldova employed for a maximum period of 24 months. Under this procedure, known as a “declaration,” the employer should submit relevant documents to the district labor office. In this case, a work permit is not required.
A work permit for someone outside the EU can also be obtained through the standard procedure. Details regarding the rapidly changing process of employing foreigners can be found on the government’s business.gov.pl website.
As indicated in the GUS report “Foreigners Employed in Poland in June 2023,” there were approximately 690,000 foreign workers at that time. Comparing this to an estimated 3 million foreigners in Poland raises questions about the employment status of the remaining individuals.
Illegal employment of foreigners in Poland
Unregistered employment of foreigners in Poland has significantly increased since the invasion of Russia into Ukraine. We do not have current statistical data on the specific extent of this phenomenon in recent months. The last report presented by PIP dates back to 2022 and indicates over 9,000 checks on the legality of employment among foreigners.
The problem is often caused by a lack of the necessary documents for employing foreigners, high costs, and a lack of knowledge of the applicable regulations. Unregistered employment also occurs in companies run by foreigners who have transferred their businesses from Ukraine or Belarus to Poland. For these entrepreneurs, understanding Polish regulations—such as ZUS contributions and taxes, which differ from those in their country—presents a challenge. Therefore, opting for illegal employment is often a simpler solution.
According to data from GUS and the Ministry of Development and Technology, the most frequently employed foreigners work in the following sectors:
• Construction – the increasing number of construction projects in Poland leads companies in this sector to often seek workers from abroad, especially for specialized skills.
• Industry – the industrial sector, particularly production and assembly, also attracts foreign workers due to the demand for skilled labor.
• Gastronomy and hotel services – the demand for restaurant and hotel workers is growing in tourist cities and business centers, leading to increased employment of foreigners.
• Beauty services industry – the demand for hairdressing and cosmetic services in Poland is constantly rising. Combined with immigration of specialists from Ukraine and Belarus, this results in an increasing number of foreigners working in the beauty industry.
How to improve working conditions for foreigners in Poland?
Illegal employment of foreigners not only violates labor laws but also harms both employers and employees by creating unfair competition in the labor market, leading to poor working conditions and mistreatment of workers.
Illegally employed workers often lack guarantees of employment stability or access to basic employee benefits such as paid leave or health insurance. This significantly worsens not only their working conditions but also the lives of these individuals and their families.
Is the only solution to go through all the formalities and employ workers under a civil law contract? No. Companies can employ foreign workers through Bizky.
Bizky as support in employing foreigners
Bizky acts as an intermediary in employment, handling the formalities associated with obtaining a work permit. Bizky issues contracts to employees and provides health insurance through the NFZ. The employer receives one VAT invoice for the total remuneration of all employees.
Thanks to this solution, employees are legally employed, have access to NFZ benefits, and additional perks such as sports cards and private health insurance. Employers, on the other hand, do not have to go through complicated official procedures to employ someone from abroad and do not incur high employment maintenance costs. The fee for one employee is 399 PLN per month.
Striving for legality and ensuring fair working conditions for foreigners in Poland is not only a matter of complying with labor law but also of building a fair and balanced labor market. Innovative solutions such as Bizky represent a step forward in this process, enabling employers to legally employ foreigners without unnecessary administrative burdens. This allows both employees and employers to benefit from fair working conditions and equal opportunities in the market, contributing to the construction of a more open and sustainable society.
